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Audit

Audit  Audit of the Devens Enterprise Commission

Our office conducted a performance audit of the Devens Enterprise Commission (DEC) for the period July 1, 2021 through June 30, 2023.

Organization: Office of the State Auditor
Date published: June 16, 2025

Executive Summary

In accordance with Section 12 of Chapter 11 of the Massachusetts General Laws, the Office of the State Auditor has conducted a performance audit of the Devens Enterprise Commission (DEC) for the period July 1, 2021 through June 30, 2023.

The purpose of our audit was to determine the following:

  • To what extent did DEC oversee and manage affordable housing units in the Devens Regional Enterprise Zone, referred to in this report as Devens, including compliance with the affordable housing percentages outlined in Section 5.01(4)(c)(1) of Title 974 of the Code of Massachusetts Regulations?
  • To what extent did DEC ensure that public health inspections occurred, and that it tracked and followed up on failed inspections, specifically inspections regarding food safety, beach water quality, sewage trucks, hazardous material spillage, and stormwater runoff, in accordance with Section 22 of Chapter 498 of the Acts of 1993?
  • What role did DEC play in the assessment of the Devens Community Center for safe occupancy and arrangement for use as a temporary emergency shelter in 2022? Did DEC maintain a continuing role during the building’s use?

Below is a summary of our findings, the effects of those findings, and our recommendations, with hyperlinks to each page listed.

  
Finding 1
 		DEC did not have a written contract with the Nashoba Associated Boards of Health (NABH), as required by Section 22 of Chapter 498 of the Acts of 1993.
Effect

Without a written contract in place, several possible outcomes could occur, including the following:

  • NABH could overlook performing services that it verbally agreed to perform, or it could perform at a substandard level, potentially impacting the health and safety of Devens residents and businesses.
  • NABH could overcharge DEC, which could lead to DEC’s inability to provide other services to Devens residents and businesses.
  • A dispute between DEC and NABH could result in a cessation of services, which would negatively impact DEC and those it serves. Alternatively, it could result in costly litigation, which would negatively impact DEC’s finances and could lead to DEC’s inability to provide other services to Devens residents and businesses.
Recommendation
 		DEC management should develop and execute a contract with NABH that details the services provided for Devens, as well as oversight responsibilities, the payment schedule, performance expectations, and penalties for not fulfilling the conditions of the contract.
Finding 2
 		DEC was not able to provide evidence that all food inspections were performed by NABH, as required by Section 22 of Chapter 498 of the Acts of 1993.
EffectIf DEC does not receive all documentation related to food inspections, then it cannot ensure that inspections are performed, that businesses acknowledge receipt of inspection, and that NABH completes follow-up inspections or monitored instances of repeat noncompliance. Without ensuring these things, DEC may not know whether businesses are in compliance with state food sanitation standards, leading to a higher-than-acceptable risk that individuals may be exposed to food- or pest-borne illnesses or other potential health risks.
Recommendations
 
  1. DEC should maintain a log of food safety inspections to ensure that all required inspections, both annual and follow-up inspections, have occurred and that it receives copies of these inspection reports.
  2. DEC should work with NABH to monitor and resolve all instances of noncompliance and ensure that all businesses acknowledge receipt of the inspections.

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